H. R. To amend titles 17 and 18, United States Code, to strengthen the protection of intellectual property, and for other purposes.

Transcription

1 F:\SLS\SLS_.XML 0TH CONGRESS D SESSION H. R. To amend titles and, United States Code, to strengthen the protection of intellectual property, and for other purposes. IN THE HOUSE OF REPRESENTATIVES M. introduced the following bill; which was referred to the Committee on A BILL To amend titles and, United States Code, to strengthen the protection of intellectual property, and for other purposes. *00.0* 0 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION. SHORT TITLE. This Act may be cited as the Intellectual Property Protection Act of 00. SEC.. REGISTRATION IN CIVIL INFRINGEMENT ACTIONS. (a) IN GENERAL. Section of title, United States Code, is amended () in the section heading, by inserting civil before infringement ; F:\V\00\00.0 ( ) April, 00 (: PM)

2 F:\SLS\SLS_.XML 0 () in subsection (a) (A) in the first sentence, by striking no action and inserting no civil action ; and (B) in the second sentence, by striking an action and inserting a civil action ; () in subsection (b), by striking 0 and sections 0 and and inserting 0 and section. (b) CONFORMING AMENDMENT. The item relating to section in the table of sections for chapter of title, United States Code, is amended to read as follows:. Registration and civil infringement actions.. *00.0* 0 SEC.. CIVIL REMEDIES FOR INFRINGEMENT. Section 0(a) of title, United States Code, is amended () by striking and of all plates and inserting, of all plates ; and () by striking the period and inserting, and of records documenting the manufacture, sale, or receipt of items involved in such violation. The court shall enter an appropriate protective order with respect to discovery of any records that have been seized. The protective order shall provide for appropriate procedures to assure that confidential information contained in such records is not improperly disclosed to any party.. F:\V\00\00.0 ( ) April, 00 (: PM)

3 F:\SLS\SLS_.XML *00.0* 0 0 SEC.. CRIMINAL INFRINGEMENT. (a) IN GENERAL. Section 0(a) of title, United States Code, is amended () by redesignating paragraph () as paragraph (); and () by inserting after paragraph () the following: () ATTEMPT AND CONSPIRACY. (A) ATTEMPT. Any person who attempts to commit an offense under paragraph () shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt. (B) CONSPIRACY. If two or more persons conspire to commit an offense under paragraph () and one or more of such persons do any act to effectuate the object of the conspiracy, each shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the conspiracy.. (b) FORFEITURE AND DESTRUCTION OF PROPERTY; RESTITUTION. Section 0(b) of title, United States Code, is amended to read as follows: (b) FORFEITURE AND DESTRUCTION OF PROPERTY; RESTITUTION. Forfeiture, destruction, and restitution F:\V\00\00.0 ( ) April, 00 (: PM)

4 F:\SLS\SLS_.XML *00.0* 0 0 relating to this section shall be subject to section of title, to the extent provided in that section[, in addition to any other similar remedies provided by law].. (c) CONFORMING AMENDMENT. Section 0 of title, United States Code, and the item relating to that section in the table of sections for chapter of such title, are repealed. SEC.. IMPORTATION AND EXPORTATION. (a) IMPORTATION AND EXPORTATION OF INFRING- ING ITEMS. Section 0(a) of title, United States Code, is amended () by redesignating paragraphs (), (), and () as subparagraphs (A), (B), and (C); () in the first sentence, by striking Importation and inserting () Importation ; () by striking 0, actionable and inserting 0 and is actionable ; () by striking This subsection does not apply to and inserting the following: () Importation into the United States or exportation from the United States, without the authority of the owner of copyright under this title, of copies or phonorecords, the making of which either constituted an infringement of copyright or would have constituted an infringement of copyright if this title had been applicable, F:\V\00\00.0 ( ) April, 00 (: PM)

5 F:\SLS\SLS_.XML 0 is an infringement of the exclusive right to distribute copies or phonorecords under section 0 and is actionable under sections 0 and 0. () This subsection does not apply to ; () in subparagraph (A), as redesignated, by inserting or exportation after importation ; () in subparagraph (B), as redesignated (A) by striking, for the private use of the importer and inserting or exportation, for the private use of the importer or exporter ; and (B) by inserting or departing from the United States after outside the United States. (b) CONFORMING AMENDMENTS. () The section *00.0* 0 heading for section 0 of title, United States Code, is amended by inserting or exportation after importation. () The table of sections for chapter of title, United States Code, is amended by inserting or exportation after importation. () The heading for chapter of title, United States Code, is amended to read as follows: Manufacturing Requirements, Importation, and Exportation. F:\V\00\00.0 ( ) April, 00 (: PM)

6 F:\SLS\SLS_.XML () The item relating to chapter in the table of chapters for title, United States Code, is amended to read as follows:. Manufacturing Requirements, Importation, and Exportation *00.0* 0 0 SEC.. CIRCUMVENTION OF COPYRIGHT PROTECTION SYS- TEMS. Section 0 of title, United States Code, is amended (a) in subsection (a) () in paragraph (), by striking import, ; and () in paragraph () (A) in subparagraph (A), by striking and after the semicolon; (B) in subparagraph (B), by striking the period and inserting ; and ; and (C) by adding at the end the following: (C) the term traffic in means to transport, transfer, or otherwise dispose of, to another, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of. ; and () in subsection (b) (A) in paragraph (), by striking import, ; and (B) in paragraph () F:\V\00\00.0 ( ) April, 00 (: PM)

7 F:\SLS\SLS_.XML *00.0* 0 0 (i) in subparagraph (A), by striking and after the semicolon; (ii) in subparagraph (B), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (C) the term traffic in means to transport, transfer, or otherwise dispose of, to another, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of.. SEC.. FRAUD IN AUTHENTICATION PROCEDURES. Section 0(d)() of title, United States Code, is amended to read as follows: ()(A) the term traffic in means to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of; and (B) the term financial gain includes the receipt, or expected receipt, of anything of value.. SEC.. FRAUD IN CONNECTION WITH ACCESS DEVICES. Section 0(e)() of title, United States Code, is amended to read as follows: F:\V\00\00.0 ( ) April, 00 (: PM)

8 F:\SLS\SLS_.XML *00.0* 0 0 () the term traffic in means to transport, transfer, or otherwise dispose of, to another, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of;. SEC.. FORFEITURE UNDER ECONOMIC ESPIONAGE ACT. Section of title, United States Code, is amended to read as follows:. Criminal forfeiture Forfeiture, destruction, and restitution relating to this chapter shall be subject to section, to the extent provided in that section[, in addition to any other similar remedies provided by law].. SEC. 0. TRAFFICKING IN COUNTERFEIT LABELS, ILLICIT LABELS, OR COUNTERFEIT DOCUMENTATION OR PACKAGING FOR WORKS THAT CAN BE COPYRIGHTED. Section of title, United States Code, is amended as follows: () Subsection (a) is amended (A) by redesignating subparagraphs (A) through (G) as clauses (i) through (vii), respectively; (B) by redesignating paragraphs () and () as subparagraphs (A) and (B), respectively; F:\V\00\00.0 ( ) April, 00 (: PM)

9 F:\SLS\SLS_.XML *00.0* 0 0 (C) by striking Whoever and inserting () Whoever ; (D) by striking years and inserting 0 years ; and (E) by adding at the end the following: () Whoever is convicted of an offense under paragraph (), having previously been convicted of a [felony] offense under this section, under section 0(a) of title, or section, A, or B of this title, shall be imprisoned not more than 0 years, fined under this title, or both.. () Section (d) is amended to read as follows: (d) FORFEITURE AND DESTRUCTION OF PROPERTY; RESTITUTION. Forfeiture, destruction, and restitution relating to this section shall be subject to section, to the extent provided in that section[, in addition to any other similar remedies provided by law].. () Section is further amended by striking subsection (e) and redesignating subsection (f) as subsection (e). SEC.. CRIMINAL INFRINGEMENT OF COPYRIGHT. Section of title, United States Code, is amended () in subsection (b) F:\V\00\00.0 ( ) April, 00 (: PM)

10 F:\SLS\SLS_.XML 0 *00.0* 0 0 (A) in paragraph (), by striking years and inserting 0 years ; and (B) in paragraph () (i) by striking 0 years and inserting 0 years ; and (ii) by striking if the offense is a second or subsequent offense under paragraph () and inserting if the offense was committed after a prior felony conviction under this section, under section 0(a) of title, or under section, A, or B of this title ; and () in subsection (c) (A) in paragraph (), by striking years and inserting 0 years ; and (B) in paragraph () (i) by striking years and inserting 0 years ; and (ii) by striking if the offense is a second or subsequent offense under paragraph () and inserting if the offense was committed after a prior felony conviction under this section, under section 0(a) of title, or under section, A, or B of this title. F:\V\00\00.0 ( ) April, 00 (: PM)

11 F:\SLS\SLS_.XML *00.0* 0 0 SEC.. UNAUTHORIZED FIXATION OF AND TRAFFICKING IN REPRODUCTIONS OF LIVE MUSICAL PER- FORMANCES. Section A of title, United States Code, is amended as follows: () Subsection (a) is amended (A) by redesignating paragraphs (), (), and () as subparagraphs (A), (B), and (C), respectively; (B) in subparagraph (C), as redesignated, by striking paragraph () and inserting subparagraph (A) ; (C) by striking Whoever and inserting () Whoever ; (D) by striking years and inserting 0 years ; (E) by striking, or if the offense and all that follows through or both ; and (F) by adding at the end the following: () Whoever is convicted of an offense under paragraph (), having previously been convicted of a [felony] offense under paragraph (), under section 0(a) of title, or under section,, or B of this title, shall be imprisoned not more than 0 years, fined under this title, or both.. () Section A is amended F:\V\00\00.0 ( ) April, 00 (: PM)

12 F:\SLS\SLS_.XML *00.0* 0 0 (A) by striking subsection (c) and redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively; and (B) by amending subsection (b) to read as follows: (b) FORFEITURE AND DESTRUCTION OF PROPERTY; RESTITUTION. Forfeiture, destruction, and restitution relating to this section shall be subject to section, to the extent provided in that section[, in addition to any other similar remedies provided by law].. SEC.. UNAUTHORIZED RECORDING OF MOTION PIC- TURES. Section B of title, United States Code, is amended as follows: () Subsection (a) is amended (A) by striking Any person and inserting () Any person ; (B) by striking shall and all that follows through the end of paragraph () and inserting shall be imprisoned not more than 0 years, or fined under this title, or both. ; and (C) by striking The possession and inserting the following: () Whoever is convicted of an offense under paragraph (), having previously been convicted of a [felony] F:\V\00\00.0 ( ) April, 00 (: PM)

13 F:\SLS\SLS_.XML *00.0* 0 0 offense under paragraph (), under section 0(a) of title, or under section,, or A of this title, shall be imprisoned not more than 0 years, fined under this title, or both. () The possession. () Section B(b) is amended to read as follows: (b) FORFEITURE AND DESTRUCTION OF PROPERTY; RESTITUTION. Forfeiture, destruction, and restitution relating to this section shall be subject to section, to the extent provided in that section[, in addition to any other similar remedies provided by law].. SEC.. TRAFFICKING IN COUNTERFEIT GOODS OR SERV- ICES. Section 0 of title, United States Code, is amended as follows: () Subsection (a) is amended (A) by striking (a) Whoever and inserting (a) OFFENSES. () IN GENERAL. Whoever ; (B) by striking 0 years and inserting 0 years ; (C) by striking 0 years and inserting 0 years ; and F:\V\00\00.0 ( ) April, 00 (: PM)

14 F:\SLS\SLS_.XML *00.0* 0 0 (D) by adding at the end the following: () SERIOUS BODILY HARM OR DEATH. (A) If the offender knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of paragraph (), the penalty shall be a fine under this title or imprisonment for not more than 0 years, or both. (B) If the offender knowingly or recklessly causes or attempts to cause death from conduct in violation of paragraph (), the penalty shall be a fine under this title or imprisonment for any term of years or for life, or both.. () Subsection (b) is amended to read as follows: (b) FORFEITURE AND DESTRUCTION OF PROPERTY; RESTITUTION. Forfeiture, destruction, and restitution relating to this section shall be subject to section, to the extent provided in that section[, in addition to any other similar remedies provided by law].. SEC.. FORFEITURE, DESTRUCTION, AND RESTITUTION. (a) IN GENERAL. Chapter of title, United States Code, is amended by adding at the end the following new section: F:\V\00\00.0 ( ) April, 00 (: PM)

15 F:\SLS\SLS_.XML *00.0* 0 0. Forfeiture, destruction, and restitution (a) CIVIL FORFEITURE. () PROPERTY SUBJECT TO FORFEITURE. The following property is subject to forfeiture to the United States: (A) Any infringing, counterfeit, illicit, or misappropriated article involved in an offense under section 0 or 0 of title, or section,, A, B, or 0, or chapter 0, of this title, or any article the making or trafficking of which is prohibited by any such section or chapter. (B) Any property used, or intended to be used, in any manner or part to commit or facilitate the commission of an offense referred to in subparagraph (A). (C) Any property constituting or derived from any proceeds obtained directly or indirectly as a result of the commission of an offense referred to in subparagraph (A). () PROCEDURES. The provisions of chapter relating to civil forfeitures shall extend to any civil forfeiture under this section. At the conclusion of the forfeiture proceedings, the court shall order that any property forfeited under paragraph () be destroyed, or otherwise disposed of according to law. F:\V\00\00.0 ( ) April, 00 (: PM)

16 F:\SLS\SLS_.XML 0 (b) CRIMINAL FORFEITURE. () PROPERTY SUBJECT TO FORFEITURE. The court, in imposing sentence on a person convicted of an offense under section 0 or 0 of title, or section,, A, B, or 0, or chapter 0, of this title, shall order, in addition to any other sentence imposed, that the person forfeit to the United States any property subject to forfeiture under subsection (a) for that offense. () PROCEDURES. (A) IN GENERAL. The forfeiture of *00.0* 0 property under paragraph (), including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the procedures set forth in section of the Comprehensive Drug Abuse Prevention and Control Act of 0 ( U.S.C. ), other than subsection (d) of that section. (B) DESTRUCTION. At the conclusion of the forfeiture proceedings, the court (i) shall order the destruction of any forfeited article or component of an article bearing or consisting of a counterfeit mark; and F:\V\00\00.0 ( ) April, 00 (: PM)

17 F:\SLS\SLS_.XML 0 (ii) shall order the destruction or other lawful disposition of any infringing items or other property described in subsection (a)()(a) and forfeited under paragraph () of this subsection. (c) RESTITUTION. When a person is convicted of an offense under section 0 or 0 of title or section,, A, B, or 0, or chapter 0, of this title, the court, pursuant to section of this title, shall order the person to pay restitution to any victim of the offense as an offense against property referred to in section A(c)()(A)(ii) of this title.. (b) CONFORMING AMENDMENT. The table of sections for chapter of title, United States Code, is amended by adding at the end the following new items:. Forfeiture, destruction, and restitution.. *00.0* 0 SEC.. ADDITIONS TO WIRETAP PREDICATES. Section (c) of title, United States Code, is amended () by inserting section (economic espionage), section (theft of trade secrets), before section ; and () by inserting section (trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging), section (criminal infringement of a copyright), section A (unau- F:\V\00\00.0 ( ) April, 00 (: PM)

18 F:\SLS\SLS_.XML *00.0* 0 0 thorized fixation of and trafficking in sound recordings and music videos of live musical performances), section 0 (trafficking in counterfeit goods or services), before sections. SEC.. IMPROVED INVESTIGATIVE AND FORENSIC RE- SOURCES FOR ENFORCEMENT OF LAWS RE- LATED TO INTELLECTUAL PROPERTY CRIMES. (a) IN GENERAL. The Attorney General, in consultation with the Director of the Federal Bureau of Investigation, shall, with respect to crimes related to the theft of intellectual property () create an operational unit of the Federal Bureau of Investigation (A) to work with the Computer Crime and Intellectual Property section of the Department of Justice on the investigation and coordination of such crimes that are complex, committed in more than one judicial district, or international; (B) that consists of at least 0 agents of the Bureau; and (C) that is located at the headquarters of the Bureau; () ensure that any unit in the Department of Justice responsible for investigating computer hack- F:\V\00\00.0 ( ) April, 00 (: PM)

19 F:\SLS\SLS_.XML *00.0* 0 0 ing or intellectual property crimes is assigned agents of the Federal Bureau of Investigation (in addition to any agent assigned to such unit as of the date of the enactment of this Act) to support such unit for the purpose of investigating or prosecuting such crimes; and () implement a comprehensive program (A) the purpose of which is to train agents of the Federal Bureau of Investigation in the investigation and prosecution of such crimes and the enforcement of laws related to such crimes; (B) that includes relevant forensic training related to investigating and prosecuting such crimes; and (C) that requires such agents who investigate or prosecute such crimes to attend the program annually. (b) INTELLECTUAL PROPERTY LAW ENFORCEMENT COORDINATORS. Not later than 0 days after the date of the enactment of this Act, the Attorney General shall assign one Federal prosecutor to the appropriate office of the Department of Justice located in Hong Kong and one Federal prosecutor to such an office located in Budapest, Hungary, to assist in the coordination of the enforcement F:\V\00\00.0 ( ) April, 00 (: PM)

20 F:\SLS\SLS_.XML 0 *00.0* 0 0 of intellectual property laws between the United States and foreign nations. (c) ORGANIZED CRIME TASK FORCE. Not later than 0 days after the date of the enactment of this Act, the Attorney General, through the United States Attorneys Offices, the Computer Crime and Intellectual Property section, and the Organized Crime and Racketeering section of the Department of Justice, and in consultation with the Federal Bureau of Investigation and other Federal law enforcement agencies, shall create a Task Force to develop and implement a comprehensive, long-range plan to investigate and prosecute international organized crime syndicates engaging in or supporting crimes relating to the theft of intellectual property. (d) AUTHORIZATION. There are authorized to be appropriated to carry out this section $,000,000 for each of fiscal years 00 through 0. SEC.. ADDITIONAL FUNDING FOR RESOURCES TO INVES- TIGATE AND PROSECUTE CRIMINAL ACTIV- ITY INVOLVING COMPUTERS. (a) ADDITIONAL FUNDING FOR RESOURCES. () AUTHORIZATION. In addition to amounts otherwise authorized for resources to investigate and prosecute criminal activity involving computers, F:\V\00\00.0 ( ) April, 00 (: PM)

21 F:\SLS\SLS_.XML *00.0* 0 0 there are authorized to be appropriated for each of the fiscal years 00 through 0 (A) $0,000,000 to the Director of the Federal Bureau of Investigation; and (B) $0,000,000 to the Attorney General for the Criminal Division of the Department of Justice. () AVAILABILITY. Any amounts appropriated under paragraph () shall remain available until expended. (b) USE OF ADDITIONAL FUNDING. Funds made available under subsection (a) shall be used by the Director of the Federal Bureau of Investigation and the Attorney General, for the Federal Bureau of Investigation and the Criminal Division of the Department of Justice, respectively, to () hire and train law enforcement officers to (A) investigate crimes committed through the use of computers and other information technology, including through the use of the Internet; and (B) assist in the prosecution of such crimes; and () procure advanced tools of forensic science to investigate, prosecute, and study such crimes. F:\V\00\00.0 ( ) April, 00 (: PM)

22 F:\SLS\SLS_.XML *00.0* 0 0 SEC.. TECHNICAL AMENDMENTS. CODE. (a) AMENDMENTS TO TITLE, UNITED STATES () Section 0 (b)() of title, United States Code, is amended by striking 0, and 0 and inserting and 0. () Section of title, United States Code, is amended (A) in subsection (b), by striking and 0 ; (B) in subsection (c) (i) in paragraph (), by striking and 0 ; (ii) in paragraph (), by striking sections 0 and 0 and inserting section 0 ; and (iii) in paragraph (), by striking and section 0 ; and (C) in subsection (e) (i) in paragraph (), by striking sections 0 and 0 and inserting section 0 ; and (ii) in paragraph (), by striking and 0. () Section (c) of title, United States Code, is amended F:\V\00\00.0 ( ) April, 00 (: PM)

23 F:\SLS\SLS_.XML *00.0* 0 0 (A) in paragraph ()(G)(i), by striking and 0 ; and (B) in paragraph (), by striking and 0. () Section (a) of title, United States Code, is amended (A) in paragraph (), by striking sections 0 and 0 and inserting section 0 ; (B) in paragraph ()(A), by striking and 0 ; (C) in paragraph (), by striking and 0 ; and (D) in paragraph (), by striking and 0. () Section of title, United States Code, is amended (A) in subsection (d), by striking and 0 ; (B) in subsection (e), by striking sections 0 and 0 and inserting section 0 ; and (C) in subsection (f)(), by striking and 0. () Section (b) of title, United States Code, is amended by striking sections 0 and 0 and inserting section 0. F:\V\00\00.0 ( ) April, 00 (: PM)

24 F:\SLS\SLS_.XML (b) OTHER AMENDMENTS. Section (c)()(c) of the Tariff Act of 0 ( U.S.C. a(c)()(c)) is amended by striking or 0. *00.0* F:\V\00\00.0 ( ) April, 00 (: PM)